Introduction: The recent circular by the Reserve Bank of India (RBI) regarding the import of gold and silver through the India International Bullion Exchange IFSC Limited (IIBX) in the International Financial Services Centre (IFSC) has significant implications for authorized banks and market participants. Let’s delve into the details of this circular and analyze its impact.
Detailed Analysis: The circular, dated April 19, 2024, permits Indian banks authorized by the RBI to import gold/silver to act as Special Category Clients (SCC Banks) of the IIBX. This allows them direct access to the trading system of the IIBX without the need for a Bullion Trading Member. However, SCC Banks must utilize the services of an IFSC Banking Unit registered as a Bullion Clearing Member for clearing their purchase transactions.
SCC Banks are restricted to placing buy orders on the IIBX for the import of gold/silver on behalf of their clients and cannot enter sell orders. Orders on the IIBX are placed in the name of the SCC Bank, and they must ensure compliance with regulatory norms, including filing the Bill of Entry within eleven calendar days from the date of remittance.
Furthermore, SCC Banks are not considered Bullion Trading Members or intermediaries of the IIBX and must adhere to IFSCA (Bullion Exchange) Regulations, 2020, operating guidelines, and the Code of Conduct issued by IIBX. They are also required to comply with terms and conditions set by regulatory bodies like the RBI and DGFT.
This circular, issued under the authority of the International Financial Services Centres Authority Act, 2019, aims to streamline the import process for gold and silver through the IFSC, promoting transparency and efficiency in bullion trading activities.
Conclusion: The RBI’s authorization for Indian banks to import gold and silver directly through IIBX in the IFSC marks a significant development in bullion trading regulations. This move not only simplifies the import process but also enhances market accessibility for authorized banks and promotes the IFSC as a robust international financial services hub. Market participants should ensure compliance with regulatory requirements and leverage this opportunity to optimize their bullion trading activities in the IFSC.
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International Financial Services Centres Authority
329/IFSCA/Bullion MIIs/2024-25/01
April 19, 2024
To
Banks authorized by the RBI to import gold/silver
Bullion MIIs in the International Financial Services Centre (IFSC)
Bullion Trading/Clearing Members in the IFSC
Vault Managers in the IFSC
All market participants on the Bullion Exchange in the IFSC
Dear Sir / Madam
Import of gold and silver by Indian Banks through India International Bullion Exchange IFSC Limited (IIBX)
The Reserve Bank of India (RBI), vide its Circular dated February 09, 2024, allowed Indian banks authorized to import gold/silver to act as Special Category Clients (as defined in the IFSCA Circular dated December 11, 2023) of the IIBX.
2. Accordingly, it has been decided to permit the Indian Banks, authorized by the RBI to import gold/silver, to directly access the trading system of the IIBX, without the need for a Bullion Trading Member, for undertaking such import on behalf of their clients. However, such banks (referred to as ‘SCC Banks’ hereafter in this Circular) shall utilize the services of an IFSC Banking Unit (IBU) registered as a Bullion Clearing Member for clearing of their purchase transactions.
3. SCC Banks shall only place a buy order on the IIBX for the purpose of import of gold/silver on behalf of their clients. SCC Banks shall not enter a sell order on the IIBX. IIBX shall put in place necessary systems and processes to ensure the same.
4. While SCC Bank can buy on the IIBX on behalf of its clients, orders on the IIBX shall be placed in its own name (i.e. in the name of the SCC Bank). Thus, the Unique Client Code (UCC) used for placing such orders shall be that of the SCC Bank.
5. SCC Banks shall ensure that the Bullion Depository Receipts (BDRs) they purchase on the IIBX are extinguished and that the Bill of Entry is filed by them within eleven calendar days from the date of remittance, in terms of RBI Circular RBI/2022-23/57/A.P(DIR Series) Circular No. 04 dated May 25, 2022.
6. SCC Banks shall not be considered as Bullion Trading Members or intermediaries of the IIBX.
7. SCC Banks shall comply with all the other applicable norms specified in IFSCA (Bullion Exchange) Regulations, 2020, Operating Guidelines specified by IFSCA on August 25, 2021 and other regulatory requirements as may be specified, and amended, by IFSCA and IIBX from time to time. They shall also comply with the Code of Conduct that may be issued by IIBX.
8. SCC Banks shall also ensure adherence to the terms and conditions / instructions, as applicable to them, stipulated by the RBI, Directorate General of Foreign Trade (DGFT) and any other regulatory / government body.
9. This Circular is issued in exercise of the power conferred under Section 12 of the International Financial Services Centres Authority Act, 2019 r/w Regulation 58 of the International Financial Services Centres Authority (Bullion Exchange) Regulations, 2020 and in pursuance of RBI Circular mentioned in Para 1 of this Circular.
10. A copy of this Circular is available on the website of International Financial Services Centres Authority at www.ifsca.gov.in at “Legal →Circulars”.
Yours faithfully
(Ramaneesh Goyal)
Deputy General Manager
Market Regulation Division
Department of Metals and Commodities
email: ramaneesh.goyal@ifsca.gov.in
Tel: +91 79 6180 9886
